HomeMy WebLinkAbout2005/02/22 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES
ST. LOUIS CITY COUNCIL MEETING
PARK ST. LOUIS PARK, MINNESOTA
FEBRUARY 22,2005
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 pm.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan
Sanger and Sue Santa
Councilmember Sally Velick was absent.
Staff present: City Manager(Mr. Harmening), City Attorney (Mr. Scott), City Clerk (Ms.
Reichert), City Engineer (Ms. Hagen), Community Development Director (Mr. Locke), Fire
Captain (Mr Windschitl), Housing Program Coordinator(Ms. Larsen) and Recording Secretary
(Ms. Stegora-Peterson).
Mayor Jacobs observed a moment of silence in honor of David Dey, a St. Louis Park Police Officer
who was killed in Iraq while serving on active duty, and for all Minnesotans killed in the line of duty
2. Presentations
a. Peggy Leppik, Met Council —Brookside ERF Grant Award
Peggy Leppik and Gail Dorfman, Hennepin County Commissioner presented a tax based
revitalization grant award certificate to the City of St. Louis Park for remediating
contaminated soil and asbestos abatement at the Brookside Lofts
b. Award to Sonny Klein Foundation —Defibrillator
Captain Windschitl presented a history of the Sonny Klein Foundation and showed a
story from WCCO news. Since 1999 the Sonny Klein Foundation, with assistance from
local unions and others, had donated six defibnllators.
Mayor Jacobs thanked the Klein Family for their contributions.
Mrs Klein presented checks on behalf of the Sonny Klein Memorial Fund and the St. Louis
Park Fire Department Union to the City of St Louis Park for the sixth defibrillator, in City Hall
c. Day One Food Drive
Claire Stringer, Lisa Hanson and Megan Freestad, Day One Food Drive Committee, invited
participation in the Food Drive to be held February 28th through March 4`h Drop-off of
nonperishable items and cash donations can be done at the St. Louis Park High School District
Office, Steve's Amoco at Excelsior and Grand and at City Hall. Their goal was to raise
12,000 pounds of food.
d. Resolution No. 05-034 Recognizing Departing Employee—Gary Willey
Mayor Jacobs read a Resolution recognizing Gary Willey who was unable to attend.
e. Resolution No. 05-035 Recognizing Departing Employee—Cheryl Engelman
Mayor Jacobs presented a resolution to Cheryl Engelman
Council Meeting Minutes -2- February 22, 2005
f. Proclamation for Millie Johnson
Mayor Jacobs read a Proclamation honoring the life of Millie Johnson
3. Approval of Minutes
3a. City Council Minutes of February 7, 2005
Councilmember Finkelstein inserted "from ten years ago" on page two (item 3c.) after
"previous planning".
The minutes were approved as corrected
4. Approval of Agenda and Items on Consent Calendar
NOTE The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion Consent items are acted upon by one motion If discussion is desired by either a Councilmember or a
member of the audience,that item may be moved to an appropriate section of the regular agenda for discussion
4a. Approve 2nd reading of Ordinance No. 2289-05 amending Chapter 32. Utilities to add
language clarifying responsibility for cost of repair and installation of sewer lines, approve
the summary and authorize summary publication
4b. Moved to regular agenda item 8c
4c. Adopt Resolution No. 05-032 approving St. Louis Park Lions Club's application for the
placement of 16 temporary signs in the public right-of-way.
4d. Approve second reading of Ordinance No. 2290-05 amending chapter 34 of the St. Louis
Park municipal code allowing residents 40 days after notification to remove a diseased
tree, approve the summary, and authorize publication of the summary.
4e. Designate Rainbow Tree Care, Inc. as the lowest responsible bidder and to authorize execution
of a contract for the 2005 Arbotect 20-S Elm injection program at a cost of$11.65 per diameter
inch.
4f. Designate North Star Tree Care, Inc. as the lowest responsible bidder and authorize
execution of a contract for the 2005 private diseased tree removal program in an amount
not to exceed $447,760
4g. Designate B.J. Haines Tree Service as the lowest responsible bidder and authorize
execution of a contract for the 2005 Boulevard Tree and Stump Removal Program in an
amount not to exceed $182,070 66
4h. Removed
4i. Adopt Resolution No. 05-033 approving six month extension of Time Warner Cable TV Franchise
Agreement
4j. Accept Planning Commission minutes of January 5, 2005 for filing
4k. Accept Housing Authority minutes of January 12, 2005 for filing
41. Adopt Resolution No. 05-034 recognizing Gary Willey for 35 years of service
4m. Adopt Resolution No. 05-035 recognizing Cheryl Engelman for 30 years of service
Councilmember Basill requested removing item 4b. from the consent agenda and placed it on the
regular agenda as item 8c.
It was motioned by Councilmember Basill, seconded by Councilmember Santa, to approve the
Agenda and items listed on the Consent Calendar.
Council Meeting Minutes -3- February 22, 2005
The motion passed 6-0.
5. Boards and Commission
a. Appointments to Board of Zoning Appeals
It was motioned by Councilmember Omodt, seconded by Councilmember Finkelstein, to
appoint Henry Solmer to the Board of Zoning Appeals
The motion passed 5-0-1, with Councilmember Sanger abstaining.
b. Appointment to Human Rights Commission
It was motioned by Councilmember Omodt, seconded by Councilmember Finkelstein, to
appoint Karma Bulman and Jason Hutchison as adult members, and Anna Decker youth
member to the Human Rights Commission.
The motion passed 6-0.
c. Other Appointments
It was motioned by Councilmember Omodt, seconded by Councilmember Finkelstein, to
appoint Kim Aune to the Police Advisory Commission.
The motion passed 6-0.
6. Public Hearings
6a. Public Hearing to Consider Allocation of 2005 Community Development
Block Grant Funds
Ms. Larsen presented the staff report.
Mayor Jacobs opened the public heanng. No speakers present. The public hearing was closed.
It was motioned by Councilmember Sanger, seconded by Councilmember Santa to adopt
Resolution No. 05-026 approving proposed use of funds for 2005 Urban Hennepin County
Community Development Block Grant funds, reallocation of 2004 funds, and authorizing
execution of Subrecipient Agreement with Hennepin County and any related Third Party
Agreements
The motion passed 6-0
6b. Proposed Amendments to the City Home Rule Charter
Ms. Reichert presented the proposed amendments.
Mr. Bubul, Kennedy & Graven, discussed the section relating to bonds and State law
requirements to issue bonds. St. Louis Park City Charter provides an exception that bonds
can be issued without election, with the exception that they have to be approved by six
Council Meeting Minutes -4- February 22, 2005
votes of the Council The commission's recommendation was to revise the Charter to
clarify that the council would have all powers for bond issuance under State law with the
number of votes required by state law, and that other types of bonds (not authorized by
statute) would require six votes. Other changes were for internal consistency and to
conform with State law.
Councilmember Sanger commented that she was on the Charter Commission for eight
years and knew this was an arduous and detailed process and thanked the Charter
Commission for their recommendations.
Mayor Jacobs agreed that it was a painstaking process to determine how they wanted the
city to operate and the powers they wanted certain people to have.
Ms. Reichert concluded her presentation.
Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed
Councilmember Finkelstein recalled a discussion in study session relating to the section
dealing with bonds and debt limit (pg. 17) and if there was a difference replacing the
word securities with obligations? Mr. Bubul replied the term security had relevance in
securities law, whereas the term obligation was the general term used under Minnesota
law to describe any promise of a city to pay someone else. It was synonymous with the
word bond and was the only place that it showed in the Charter. His recommendation
was to be consistent in terminology.
Councilmember Finkelstein asked if the term obligation was broader? Mr. Bubul replied
in a sense it was. There may be things that are securities under Federal law that were not
bonds. He recommended obligation remain.
It was motioned by Councilmember Sanger, seconded by Councilmember Finkelstein to
approve first reading of the ordinance to amend St. Louis Park Home Rule Charter: Table
of Contents, chapters 4, 5, 6, 11, and index, and set second reading for March 21, 2005
(7 affirmative votes required).
The motion passed 6-0.
7. Requests, Petitions,and Communications from the Public—None
8. Resolutions, Ordinances, Motions
8a. Resolution Supporting Reconstruction of Highway 100 and Opposing Delays
in the Proposed Project Schedule. Resolution No. 05-027
Councilmember Basill stated support of the resolution with an addition in the section,
"Whereas Minnesota's long-range transportation plan". It was supposed to be 2005, then
it was 2010 and now they were talking 2014. They gave reasons why that should not
occur. The DOT had stated that it was tied to Crosstown They needed to add that there
was no legitimate reason that this was tied to the Crosstown reconstruction and no reason
why this could not be completed before the Crosstown project.
Councilmember Sanger supported Councilmember Basill's proposed addition. She attended
the meeting where Mn/DOT officials announced the delay of the highway reconstruction
project. One of the items that was brought up that they did not respond to adequately was in
previous years Mn/DOT had informed St Louis Park that the expansion of Highway 100
Council Meeting Minutes -5- February 22, 2005
was the second prionty in all of the Metro area highway projects, after the pnonty given to
the Crosstown/35W Interchange. Now pnonty had been downgraded and the Hwy 100
project was no longer the second pnonty. She wanted to add another bullet to the
resolution saying that no credible explanation had been provided for why the previously
high pnonty of the expansion of this segment of Hwy 100 had been delayed
Councilmember Finkelstein also supported the resolution. The effect of having two lanes
going through Golden Valley, St. Louis Park and Edina, when it was three-lanes both North
and south of them, was difficult. In addition to contacting the City of Edina, they should
also contact the City of Golden Valley. This resolution should be pnnted in the next issue
of the Park Perspective. Everyone in the community should be informed about this delay.
Councilmember Sanger noted that there was additional information about the highway
issue that would be posted on the City website. Attached to that website was a listing of
officials at Mn/DOT, including their Email addresses and phone numbers if residents
wanted to inform them of their point of view.
Mr. Harmening stated that St. Louis Park had been working with the Twin West Chamber
of Commerce who was also concerned about this delay. They were forming a Highway
100 Alliance, which he proposed would include the City, the Chamber and also inviting
Edina, Golden Valley and perhaps Hennepin County to make sure Mn/DOT was aware of
their concerns and also to find ways to move this project up. They were planning two
meetings at which time they would be asking Mn/DOT to talk with the community. This
first meeting was scheduled on March 11th at 7:30 AM at the Doubletree in St. Louis
Park. The Twin West Chamber of Commerce and the Highway 100 Alliance were
sponsonng that meeting. They hoped to have Mn/DOT officials in attendance. They
were also proposing a second meeting during the evening. The date for that meeting had
not been set. Meeting information would be posted on the web site.
It was motioned by Councilmember Bastll, seconded by Councilmember Sanger, to adopt
Resolution No. 05-027 Supporting Reconstruction of Highway 100 and Opposing Delays
in the Proposed Project Schedule including the following additional comments:
• There was no legitimate reason that this was tied to the Crosstown reconstruction
and no reason why this could not be completed before the Crosstown project
• No credible explanation had been provided for why the previously high pnonty of
the expansion of this segment of Hwy 100 had been delayed.
• The resolution be printed in the next issue of the Park Perspective.
Mayor Jacobs supported the resolution. Highway 100 becomes very clogged and added
traffic goes onto the City streets, which is an untenable situation. It sounds like a money
issue to Mn/DOT. It won't be an inexpensive project, but it was about setting priorities
They were saying that Highway 100 was not as congested as other artenes and he was
unsure where that would be. At one point they were second on the priority list and
believed this project would be starting in the next couple of years and now it won't be
started for another nine years. That will hinder the ability to redevelop St. Louis Park and
do what they needed to do to stay competitive with cities and regions surrounding them.
It would be difficult to manage traffic along the Highway 7 corndor, around 36th and any
of the areas in St. Louis Park that were proposed for development and were being
developed. That traffic would have nowhere to go and the impact worried him
The motion passed 6-0.
Council Meeting Minutes -6- February 22, 2005
8b. Consideration of three Resolutions relating to Trunk Highway 100 Noise
Wall Construction Project No. 2005-0100.
Resolution No.'s 05-028,05-029,05-030
Ms. Hagen presented the staff report.
Mayor Jacobs thanked staff, the neighborhood group and everyone involved for their
work to come to this resolution.
Councilmember Basill thanked Ms. Hagen who worked through parking issues, nght-of-
way acquisition and did an excellent job on this project.
Councilmember Santa asked in light of the previous resolution, how the future widening
of a portion of Highway 100 would impact the noise walls and how the noise wall had a
pnonty where the widening of the road did not? Ms. Hagen responded that the
Legislature required Mn/DOT to go through a process of evaluating and ranking all of the
areas on major trunk highways around the State where noise walls were not in place. The
East side of Highway 100 in this location ranked#2 overall and constructed in 2001 The
West side was ranked 27`h. They allocated a certain amount of money each year and have
now gotten to this portion.
Councilmember Santa stated the other part of the question was when they hoped
Highway 100 would be widened, would the noise walls need to be taken down? Ms.
Hagen replied no, the proposed project ran from 36th Street up to Cedar Lake Road,
which would be North of this area.
It was motioned by Councilmember Basall, seconded by Councilmember Omodt, to
approve the following resolutions relating to Trunk Highway 100 Noise Wall
Construction, Project No. 2005-0100:
• Resolution No. 05-028 authorizing acquisition of permanent easements for the
construction of a noise wall for City Project no. 2005-0100
• Resolution No. 05-029 authorizing installation of"no parking" restrictions on the
East side of Vernon Avenue from W. 41"Street to the southern city border- Traffic
Study No. 5xx
• Resolution No. 05-030 authorizing execution of a cooperative construction
agreement with the Minnesota Department of Transportation for the installation of a
noise wall on the West side of Trunk Highway 100
The motion passed 6-0.
8c. Application of Nathan and Marcy Schultz for Comprehensive Plan
Amendment from Low Density Residential to Medium Density Residential
and a Rezoning from R-2 to R-3 on the property at 4022 Yosemite Avenue
South (moved from the consent agenda)
Mr. Locke presented information about the application and what had occurred to date.
Nathan Schultz, 734 Galpin Lk Rd, Excelsior, stated that he sent an Email earlier and
wanted to address the issue that the City Council had with spot zoning at the pnor
meeting. He drove around the neighborhood and found within 1 mile of Yosemite
Council Meeting Minutes -7- February 22, 2005
Avenue there were a few apartment complexes, several duplexes and a few businesses
within the single-family zoning. It did not seem to be a traditional single-family area.
Most properties were on the corner or close to it. It appeared rezonings had been granted
for those. With the appraisal they had provided and the other properties in the area that
had been rezoned, he requested the City Council reconsider their application.
Councilmember Basill stated at the last study session they talked about the Housing
Summit and the goals of the city. At neighborhood association meetings, the neighbors
as a whole were looking for more move-up housing. Property around the area is all
zoned R3 and there are duplexes Three years ago, the neighborhood association worked
with staff to have the area rezoned, requesting RI for just single-family homes. That
would have put many properties out of compliance The neighborhoods were asking that
there wasn't an increase of this type of housing It didn't have to do with this specific
application or spot zoning, it had to do with a community wide goal. They were able to
provide a lot of duplexes, townhomes, senior homes, but they were short of move-up,
single-family homes If they had the opportunity to build a single-family home he would
support that and keep it zoned for a single-family home.
Councilmember Omodt commented that he appreciated the applicant's efforts and
encouraged him to work with the City for other options. The Council approved programs
recently that could help them to realize a slightly different goal for that property. The
issue for him was spot zoning and he also echoed Councilmember Basill's comments
about move-up housing.
Mr. Schultz asked the City Council to consider changing the zoning for single-family lots
with 50-60 feet. For a larger lot if they were looking for move-up homes, it may be more
advantageous for the City to allow 50-foot lots and grandfather in some lots for two
structures, which would allow more homes.
Mayor Jacobs stated they had talked about that and it was worth more consideration.
It was motioned by Councilmember Basall, seconded by Councilmember Sanger, to adopt
resolution of denial for application of Nathan and Marcy Schultz for Comprehensive
Plan Amendment from Low Density Residential to Medium Density Residential and a
Rezoning from R-2 to R-3 on the property at 4022 Yosemite Avenue South.
The motion passed 6-0.
9. Communications
Mr Harmening indicated that the Home Remodeling Fair was highly successful and thanked the
staff for their work.
10. Adjournment
The meeting adjourned at 8.45 p.m.
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